The Dirty Divorce Trick of The Trial Separation

I have seen many spouses use the hope of reconciliation to get their soon-to-be ex-spouse to take all sorts of detrimental actions and jump through all kinds of hoops. Below I will give some examples of this trick in action.

Story #1 – Getting Husband to Leave the Home

One gentleman, I met with told me that his wife told him she still loved him but needed some space while they worked things out. If he did not give her some space, she would file for divorce immediately. This husband said he loved her too and would do whatever it took to save his marriage.

So, he moved out of the home and went to stay with a friend for what he thought was going to be a short while. Several months later, his wife served him with an Original Petition for Divorce. She was asking for sole custody of the children and exclusive use of the marital home.

The Moral of the Story

It would have been a good idea for the gentleman to have first consulted with an attorney before moving out of the marital home for a trial separation. He could have discussed with a family law attorney a way to arrange a trial separation in a way to protect his rights and not hurt his case should he end up in a divorce.

Story #2 – Wife Moves to Dallas

Recently I met with a husband who had just been served with a Protective Order. When I met with him, he was confused because what his wife was telling him and what was in the paperwork was completely different.

His wife was telling him that:

She wanted to stay married to him

She needed some time to think

The paperwork he had just been served with just meant they were going to meditate and figure out things with the kids

I let him know that based on the paperwork he had been served with none of what he had been told sounded true. The paperwork he had been served with said he had committed family violence against his wife. If granted, the protective order:

Would give the wife an increased chance of getting custody

Would give her an increased chance of alimony

Would mean he would not be allowed within 200 feet of her residence

Would say he was not allowed within 200 feet of her place of employment

Depending on what he did for a living, may mean he would lose his job

He would no longer be able to possess a gun

Understandably, this gentleman was extremely upset by what he had learned. I also found out that his wife had moved to Dallas with the kids. I let him know that I would not be surprised if as soon as she met the residency requirements of Dallas, he may also soon be served with divorce paperwork as well.

I asked him what he wanted. The man let me know that he still wanted to be married to the wife. I let him know he could still be married to his wife if the Protective Order was granted. However, it would make his marriage more challenging if he and his wife could not live together.

I also let him know I judge people by what they do and not what they say. From what I saw, his wife’s actions were telling him what she wants even if she was saying something else to him.

Moral of the Story

A protective order is a very serious lawsuit and needs to be dealt with right away. If granted, not only would there be immediate consequences to the husband I met with, but implications in a potential divorce or custody case that might follow the protective order case.

The trial separation trick is effective because it takes advantage of the of the spouse's feelings and keeps them off balance and uncertain which allows the spouse playing the trick to take actions and get things accomplished they might otherwise not be able to do if their spouse was more proactive early in the divorce.

If the case was heading to a divorce as I suspected, the husband needed to act right away and file his case first. Otherwise, instead of fighting the case in Houston, he would have to fight the case in Dallas where she was currently living.

Additionally, if he filed the case in Houston now, there would be an increased chance of his wife having to move back to Houston with the kids, which would mean he would be able to remain involved in his children’s lives more easily.

Law Office of Bryan Fagan, PLLC | Houston, Texas Divorce Lawyers

The Law Office of Bryan Fagan, PLLC routinely handles matters that affect children and families. If you have questions regarding divorce, it's important to speak with one of our Houston, TX Divorce Lawyers right away to protect your rights.

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